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§58-215.
§58-215.
A. The special administrator must collect and preserve for the
executor or administrator all the goods, chattels, debts and effects
of the decedent, all incomes, rents, issues and profits, claims and
demands, of the estate, must take the charge and management of, and
enter upon and preserve from damage, waste and injury, the real
estate, and for such and all other necessary purposes may commence and
maintain or defend suits and other legal proceedings, as an
administrator; he may sell such perishable property as the district
court may order to be sold, and exercise such other powers as are
conferred upon him by his appointment, but in no case is he liable to
an action by any creditor on a claim against the decedent. He may
obtain leave to borrow money, or to lease or mortgage real property,
in the same manner as a general administrator.
B. If an executor or administrator is not appointed within sixty (60)
days following the appointment of a special administrator, upon
application to and approval by the court, the special administrator
may, as provided by statute, give notice to creditors and, upon
receipt of creditor's claims as required by statute, pay, with the
approval of the probate court, such claims.
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